SIGNIFICANT CASES
Over the past 30+ years Mr. Ambrose has tried over 100 major felony cases to conclusion. These trials occurred in various federal and state courts. In addition, he has tried major plaintiff and defense cases representing both individuals and corporate entities. A complete list of all cases tried to conclusion is available upon request.
FEDERAL
A. Criminal
U.S. v. Thomas Scalzitti
Criminal No. 77-323 U.S. District Court for the Western District of Pa., Erie Division
Tried April 1978;
Defendant was indicted on multiple counts of interstate transportation of luxury
automobiles, forging manufacturer’s certificate of origin, false statements to federal agents,
etc. RESULT: Not guilty on all counts
U.S. v. Vincent DiPasquale
Criminal No. 81-93 U.S. District Court for the Western District of Pa., Erie Division
Tried September 1981;
Defendant had been indicted for conspiracy to distribute cocaine, marijuana and other
narcotic drugs. RESULT: Defendant was acquitted on Rule 29 Motion for Judgment of
Acquittal at the close of the government’s case.
U.S. v. Gerald Phelps
Criminal No. 82-84 U.S. District Court for the Western District of Pa., Erie Division
Tried August 1982;
Mr. Phelps was indicted on multiple counts of conspiracy on interstate transportation of
stolen platinum ingots and other precious metals. RESULT: Not guilty on all counts.
U.S. v. Robert Leech, et al
Criminal No. 84-90 U.S. District Court for the Western District of Pa., Erie Division
Tried September 1984;
Defendant was co/CEO of a large tool and die plant in northwestern Pennsylvania. Mr.
Leech had been indicted for various counts of tax evasion, filing false corporate tax returns and
conspiracy. RESULT: Hung jury on all counts.
U.S. v. Dr. Robert Gates
Criminal No. 84-99 U.S. District Court for the Western District of Pa., Erie Division
Tried November 1984;
Dr. Gates was the vice president of Edinboro University, Edinboro, Pa. He was
indicted for embezzling federal funds from the Department of Human Services that were
earmarked for special projects at the University. The indictment included multiple counts of
embezzlement, filing false statements with the Department of Human Services and various
other violations of law. RESULT: Not guilty on all counts.
U.S. v. Albert Covatto
Criminal No. 87-7 U.S. District Court for the Western District of Pa., Erie Division
Tried October 1987;
Defendant was former chief executive officer of local bank who was indicted along
with his bank officer wife on various counts of bank fraud, misapplication of funds, false
statements and conspiracy. RESULT: Hung jury.
U.S. v. William Wojtalik
Criminal No. 88-11 U.S. District Court for the Western District of Pa., Erie Division
Tried January 1989;
Public official of the City of Erie indicted on 24 felony counts of extortion and bid
rigging. The gist of the charges was that the defendant abused the public trust by extorting
money from the CEO of a large southern California software manufacturer who did business
with the City of Erie. RESULT: Not guilty all counts.
U.S. v. William VanTassel
Criminal No. 89-33 U.S. District Court for the Western District of Pa., Erie Division
Tried Spring 1990;
Defendant was indicted under the narcotic kingpin statute and other lesser included
offenses. RESULT: Following a 10 week trial in the spring and early summer of 1990 the
defendant was acquitted of the continuing criminal enterprise violation (kingpin statute) which
carried a maximum sentence of life. Defendant was convicted of several lesser included
offenses which resulted in a sentence of 4 years. This was the first acquittal ever of a
defendant charged with the “kingpin” statute in the Western District of Pennsylvania.
U.S. v. Harry Barr
Criminal No. 90-45-02-CR-5 U.S. District Court for the Eastern District of North
Carolina, Raleigh Division Tried February 1991;
Defendant was indicted on various counts of conspiracy to distribute narcotic drugs,
firearm violations and other related counts. RESULT: Hung jury on all counts.
U.S. v. Neil Leroy
Criminal No. 91-10 E. U.S. District Court for the Western District of Pa., Erie
Division Tried October 1991;
Defendant was indicted on conspiracy and interstate transportation of precious metals.
RESULT: Following a lengthy trial in the Fall of 1991 the defendant was convicted on one
count of conspiracy and acquitted on all eight substantive counts.
U.S. v. Jason Smith
Criminal No. 95-2 Erie U.S. District Court for the Western District of Pa., Erie
Division, Tried September 1995
The Defendant was indicted for conspiracy to distribute and possession with the intent
to distribute in excess of 2000 pounds of marijuana as well as possession of various firearms,
including machine guns, firearm devices and the possession of almost 2000 rounds of armor
piercing ammunition. All total there were approximately 10 firearms involved that ran the
gamut from AK-47s, Spectre 45 caliber handguns, SKS Chinese assault rifles, TEC 9 mm.
semi-automatic handguns, etc. RESULT: Following a lengthy trial the defendant was
acquitted of all firearm counts which carried a mandatory minimum sentence in excess of 50
years. He was convicted on the conspiracy to distribute marijuana and marijuana counts.
U.S. v. William B. Gales, a/k/a Eric Samuel Porter
Criminal No. 96-49 Pittsburgh U.S. District Court for the Western District of Pa.,
Pittsburgh Division, Suppression Order entered October 7, 1996
Defendant was indicted for possession with the intent to distribute approximately 490
pounds of marijuana seized from his van. The stop of the van and the subsequent search and
seizure of the marijuana was made by Pennsylvania State Police Officers. The defendant filed
a motion to suppress the evidence and argued that the police officer fabricated the probable
cause to justify the stop of the van. RESULT: Following an extensive evidentiary hearing on
September 6, 1996 before U.S. District Judge Robert Cindrich the Court entered an Order on
October 7, 1996 granting the defendant’s motion to suppress all of the marijuana seized from
the defendant’s van. The government did not file an appeal within the 30 day time period
therefore the indictment was dismissed.
U. S. v. Thomas E. Eaton
Criminal No. 00-14- Erie U.S. District Court for the Western District of Pa.,
Erie Division, tried November 2000.
Defendant was a member of Local 47 of the Steamfitters and Pipefitters Union for
western Pennsylvania. He was indicted for using a chemical bomb, i.e. a 200 lb. cylinder of
chlorine in an attempt to murder his union business manager, his wife and two children by
attaching a 200 lb. chlorine cylinder to their house while they were sleeping and leaking the
chlorine into the house. The case was investigated by the counter-espionage unit of the FBI
field office in Pittsburgh, PA. A conviction for violating18 U.S.C. §229(a)(1)(2) carried a
sentence under the Federal Sentencing Guidelines of 30 years to life without parole.
RESULT: Not Guilty
STATE
A. CRIMINAL (Pennsylvania)
Commonwealth v. Okie Boggs,
No. 860 A & B of 1976 Court of Common Pleas of Erie County, Pa.,
Tried October 1976;
Defendant was charged with first degree murder. Victim had been shot three times in
the back and the defendant asserted a self defense claim. Defendant was also charged with
firearm counts. RESULT: Defendant was found not guilty of all charges.
Commonwealth v. Billy Ray Williams
No. 1634 of 1980 Court of Common Pleas of Erie County, Pa.,
Tried in March 1981;
Pennsylvania State Trooper was charged with running a gambling, liquor and
prostitution operation with co-defendant. RESULT: Defendant found not guilty of all
charges.
Commonwealth v. Marjorie Diehl
No. 1340 A & B of 1984 Court of Common Pleas of Erie County, Pa.,
Tried May and June 1988;
Defendant was charged with first degree murder. The case generated such extensive
publicity that a jury was picked from a county near Pittsburgh, Pennsylvania and transported
back to Erie to hear the case. RESULT: Defendant was found not guilty of all charges.
Commonwealth v. Thomas Hammond
No. 2034 of 1986 Court of Common Pleas of Erie County, Pa.; Tried in June 1987
Defendant, a white collar executive at local company, was charged with the rape of a
female executive at another local company. RESULT: Defendant found not guilty of all
charges.
Commonwealth v. Dr. Gary Pegankoff, et al
Magisterial Court, Dauphin County, Harrisburg, Pa. June 1988
Defendant was charged along with numerous other health care providers with
overbilling for services under the Medicaid and Medicare Programs. RESULT: Following an
extensive preliminary hearing, all charges were dismissed in June 1988.
Commonwealth v. Sgt. Richard Schau
Magisterial Court, Erie County, Erie, Pa. August 1989
Defendant police officer charged with public corruption. RESULT: All charges
dismissed following extensive preliminary hearing.
Commonwealth v. Gerald Mifsud
Magisterial Court, Erie County, Erie, Pa. December 1989
Elected public official charged with official oppression of police officer of the City of
Erie. RESULT: all charges dismissed following extensive preliminary hearing.
Commonwealth v. Jason Perla
Court of Common Pleas of Erie County No. 1650 of 1995 tried January 1996.
Defendant was a student at Edinboro University in Edinboro, Pa. He was an outstanding student who was president of his fraternity and involved in various social and community activities in and around the campus. He had been charged with the sale of marijuana and the possession with the intent to deliver approximately 660 bags of marijuana which were seized from his apartment during a search. He was charged with felony violations for both delivery and the possession with the intent to deliver marijuana. Found in his apartment at the time of the search were multiple scales, bagging material and a Mossberg 500 shotgun known as the “street sweeper.” RESULT: The defendant was acquitted of all felony charges and convicted of several minor misdemeanors for which he was sentenced to a term of one year probation and a $2500.00 fine.
Commonwealth v. John E. Brown, M.D.
Court of Common Pleas of Warren County No. 437 of 1995 tried June/July 1996
Defendant was a retired medical doctor who was charged by the Pennsylvania State
Police and formally by the District Attorney of Warren County with the murder of a neighbor
allegedly over a property dispute. The defendant was also charged with aggravated assault,
terroristic threats and reckless endangerment of a alleged eye witness who was with the
neighbor at the time of the slaying via the use of a 20 gauge shotgun. The defendant’s defense
was that he was acting in self defense. RESULT: Defendant was found not guilty of all
charges.
Commonwealth v. Germaine Spain
Court of Common Pleas of Erie County No. 535 A. & B of 1998 tried October 1998
Defendant was charged with murder and criminal homicide of an individual in front of
his house. Evidence indicated that following the shooting with a handgun the defendant hid
the gun behind his house before the police arrived. The defendant’s defense was that he was
acting in self defense and therefore the killing was justifiable, RESULT: Defendant was
found not guilty of all charges.
Commonwealth v. Tae Hyung Bu, M.D.
Court of Common Pleas of Erie County No. 303 of 2005 tried November 2005
The defendant, a board certified obstetrician/gynecologist, who was charged with
aggravated sexual assault and indecent assault of a gynecologic patient during a post-surgical
examination. The defendant’s defense was that he was acting in a medically appropriate
manner when he conducted the post-surgical examination upon the patient. RESULT:
Defendant was found not guilty of all charges.
Commonwealth v. Tae Hyung Bu, M.D.
Court of Common Pleas of Erie County No. 305 of 2005 tried January 2006
The defendant was charged with conducting an improper breast and vaginal
examination of an adult gynecologic patient. The defense was the defendant conducted an
appropriate medical examination in light of the patient’s condition. RESULT: Defendant was
found not guilty of all charges.
Commonwealth v. Richard E. Filippi
Court of Common Pleas of Erie County No. 1724 of 2005 tried March 2006
Mr. Filippi was the Mayor of the City of Erie at the time he was indicted by a statewide
grant jury charging him with public corruption, insider trading and filing false forms with the
Pennsylvania Ethics Commission concerning the development of a gaming and race track
facility at a former industrial plant site within the City of Erie. The case was investigated by the FBI. The case received an enormous amount of pretrial publicity and as a result, the trial judge granted the defendant’s change of venue and the case was tried in the Court of Common Pleas of Washington County, PA. The defendant’s defense was that at no time did he ever violate his legal and ethical duties as Mayor of the City of Erie as it related to his negotiations with the gaming company for the
development of a former industrial site into a gaming racing facility. RESULT: Defendant was found not guilty of all charges.
Commonwealth v. Tae Hyung Bu, M.D.
Court of Common Pleas of Erie County No. 304 of 2005 tried September 2006
Defendant was charged with sexual assault during a breast and vaginal examination of an adult gynecological patient. The defense was that the Defendant conducted an appropriate medical examination in light of the patient’s condition. RESULT: Not guilty of all charges.
(Ohio)
State v. Joseph DiSanti
1980 - Court of Common Pleas of Cuyahoga County, Cleveland, Ohio
Defendant along with a co-defendant was arrested at the Cleveland Hopkins
International Airport as a result of a courier profile stop and search initiated by DEA agents in
conjunction with the Cleveland Airport Authority Police Department. As a result of the search
approximately 6 kilograms of cocaine was seized from various items of luggage along with
multiple semi-automatic handguns. RESULT: Following an extensive suppression hearing all
of the evidence was suppressed. As a result of the Court’s ruling all charges were dismissed
against the defendant.
(Georgia)
State v. Joseph DiSanti
1987 - Superior Court - Gordon County, Georgia
The defendant was stopped on Interstate 75 north of Atlanta by the infamous Cpl.
Ralston of the George Highway Patrol who was implementing “Operation Nighthawk” as
developed by the DEA. The defendant’s vehicle was stopped and subsequently searched
which resulted in the seizure of approximately 20 kilos of cocaine. RESULT: Following an
extensive suppression hearing the trial court denied the motion to suppress. The decision was
subsequently reversed by the Georgia Court of Appeals and as a result all evidence seized was
suppressed. The state having no evidence moved to dismiss all charges against the defendant.
B. CIVIL
STATE
Estate of Melissa Lynn Mishik v. Robert B. Allison, D.O. (represented plaintiffs)
No. 1325 of 1993 Court of Common Pleas of Erie County, Pa.; Tried February 1994;
Ten year old girl died as a result of physician’s failure to diagnose and properly treat
acute appendicitis. Trial lasted approximately two weeks and resulted in a great deal of
publicity in the local area. Prior to trial the defendant offered to settle case for $25,000.00 and
after plaintiff’s summation had upped the offer to $400,000.00 RESULT: Jury returned
verdict of $2.4 million which consisted of $800,000.00 for future lost wages and $1.6 million
for pain and suffering during a 13 hour period between the failure to diagnose and death.
NOTE: This is the largest medical malpractice award in the history of Erie County and
Northwestern Pennsylvania. According to verdicts and settlements in Pennsylvania this was
the third largest jury malpractice award in the Commonwealth of Pennsylvania in 1994.
Richard Brown, Individually and as Administrator of the Estate of Jacob Edward Brown
and Mary Ellen Brown, individually v. David Beaton, D.O. (represented plaintiffs)
No. 14179 of 2000 Court of Common Pleas of Erie County, Pa.;
Tried December 2002
Action brought against defendant doctor obstetrician/gynecologist for negligent
management of delivery of infant which resulted in stillborn baby and injury to mother in the
presence of the father. RESULT: Jury returned a verdict of $4.1 million in favor of the
plaintiffs which consisted on $29,200.00 for value of services lost to parents, $1,400,000.00 for
economic loss, $1.5 million for pain and suffering sustained by Mary Ellen Brown and $1,
250,000.00 for pain and suffering sustained by Richard Brown. NOTE: This is the largest
medical malpractice award in the history of Erie County and northwestern Pennsylvania.
According to verdicts and settlements in Pennsylvania, this was the fourth largest jury medical
malpractice award in the Commonwealth of Pennsylvania in 2002.
FEDERAL
Joe L. Alvarado, et al. v. Jeffrey B. Beach and Morgantown Freight (retained by Lincoln
General Insurance Company and General Re/reinsurer)
No. EP-97-CA-70-H – U. S. District Court Western District of Texas (El Paso)
Tried January 1998
Twenty-seven year old woman was driving home from work when Jeffrey Beach
driving a Morgantown tractor on Horizon Boulevard in El Paso County, Texas swerved to miss
a van that had run a stop sign at approximately 7:00 P.M. on the evening of October 29, 1996
and in the process crossed the centerline and struck Mrs. Alvarado head-on causing a partial
decapitation and death. Prior to trial the plaintiffs had demanded Five Million Dollars. The
defendants’ defense was sudden emergency and unavoidable accident due to the conduct of the
van. Mr. Beach was employed by Morgantown Freight Company of Morgantown, Kentucky
and lived in the Morgantown, Kentucky area. The decedent and all family members were of
Mexican/American heritage and lived in the El Paso, Texas area. The jury that was empaneled
to hear the case was predominantly Mexican/American. The trial lasted one week. RESULT:
The jury returned a complete defense verdict awarding the plaintiffs ZERO damages.
Richard O. Broadwell, III M.D. v. Dandy Service Corporation, Lincoln General Insurance
Company, and Patrick E. Leinweber (retained by Lincoln General Insurance Company and
General Re/reinsurer)
No. CV 697-94-U.S. District Court for the Southern District of Georgia – Statesboro
Division. Tried August 1998
Forty-seven year old doctor claimed permanent brain injury as a result of an accident between his pick-up truck and a Dandy Service Corporation vehicle driven in Glenville, Georgia driven by Patrick E. Leinweber on May 10, 1996. Plaintiff had sought Ten million dollars in various money damages from the defendants as a result of his inability to continue a thriving medical practice. The case involved issues of accident reconstruction, bio-mechanical engineering, neuropsychology, neurology, psychiatry and other related engineering, medical issues. Counsel represented Dandy Service Corporation and their driver, Patrick E. Leinweber during said trial. The Court on the defendants’ request bifurcated the liability issue from the damage issue. The liability issue was tried first to the jury. RESULT: Jury returned a verdict finding the plaintiff, Dr. Broadwell, 60% at fault and the defendant truck driver along with Dandy Service Corporation 40% at fault. As a result judgment was entered in favor of the defendants and against the plaintiff on the issue of liability and therefore the case never proceeded to the damage phase.
